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Earned Sick and Safe Leave Law Coming Effective: A Reminder

21 Nov


Update Applicable to:

All employers with workers performing work in the state of Minnesota. There are no employer size exemptions.

What happened?

On May 23, 2023, Minnesota Governor Walz signed the Earned Sick and Safe Leave (ESSL) bill into law. Minnesota Earned Sick and Safe Time Starts January 1, 2024.

What are the details?

As previously communicated by Vensure here, employees in Minnesota will begin to accrue Earned Sick and Safe Time (ESST). ESST is available to all employees, including those who are temporary and part time, if they work at least 80 hours in a year for their employer. ESST does not replace local paid sick and safe leave laws. Instead, employers in localities that have a paid sick leave law (currently Duluth, Minneapolis, St. Paul, and Bloomington) must follow the provisions of each law that are most favorable to their employees, meaning they may have to mix and match certain elements of each.

Some obligations of the Earned Sick and Safe time (ESST) are:

  1. Accrual and Carryover
  2. Frontloading and Carryover
  3. Use
  4. Documentation
  5. Notice and Posting
  6. Earnings Statement
  7. Payout

For the complete Earned Sick and Safe time (ESST)

Best practices

  • Employers can use an existing paid leave policy to meet the requirements of the law if it meets or exceeds the requirements of ESST.
  • Employers should update their handbook to provide an ESST policy or, if they will be including ESST as part of an existing policy, review it and make the necessary changes.
  • Employers should add the ESST notice to their new hire documentation and provide it to current employees by January 1, 2024, and update the employers’ earnings statements to reflect the total number of ESST hours accrued and used per pay period for payrolls beginning on or after January 1, 2024.

Employers should review additional resources here:

Review the FAQs on the Minnesota Department of Labor and Industry’s webpage

Vensure 26 June 2023, ESSL.

Fact Sheet

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Minnesota PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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